What country doesn't use World Cups to get their country over?
I haven't watched the whole video, but does anyone have a count of how many times he says "gas the Jews"?another strange thing coming from the UK is Count Dankula case, guy was dragged through the court and ultimately convicted of being "grossly offensive" for making a joke video for a few friends he had at that time on the Youtube (now he have 131k subscribers) ... context and intent of the joke was clearly stated in the video and ignored by the court, it was rather cheap joke, but nothing that should warrant prosecution. Didn't the UK went a bit overboard with hate crime on this one?
If you want curious analogy you can read this:
http://gawker.com/5727484/jackie-the-hitler-saluting-dog-really-pissed-off-the-nazis
I haven't watched the whole video, but does anyone have a count of how many times he says "gas the Jews"?
The defence that he only made the video to annoy his girlfriend doesn't hold water when he posted it on the internet and on his channel.
How does that differ from making the same statement whilst walking the streets?
Like many YouTubers, he thought he could getaway with something controversial to boost his views because "it's just YouTube innit".
And for international context, there aren't specific laws in the UK relating to anti semitism or holocaust denial, unlike several europEur countries.
On the other hand, he's been sent to gaol where some might feel it contravenes freedom of expression.
I dunno, I feel like being gaoled for making a really bad joke isn't exactly the sort of society most of us expect.
I dunno, I feel like being gaoled for making a really bad joke isn't exactly the sort of society most of us expect. There is such a thing as black humour, and when it's done well it can be very, very funny.
The difference between something like this and striding the streets yelling "gas the Jews" is intention, IMO. Teaching a dog to react with excitement to that is supposed to be funny exactly because it's something that you shouldn't be excited to hear.
I dunno, it feels like a case of people getting their snowflake panties in a bunch. There's all sorts of crazy and abusive stuff that gets pushed on Youtube (and other media for that matter), but for some reason the Holocaust is still off-limits.
.He is convicted, what sentence he get will be known in April ... do you think he deserves to be jailed (and as you imply also physically harmed)?
Exactly, it can be boiled down to freedom of speech debate. I found this opinion piece of Shappi Khorsandi which sums it up.
https://www.independent.co.uk/voice...peech-comedy-joke-iran-offended-a8270631.html
Not really. We don't have freedom of speech in law in the UK.Exactly, it can be boiled down to freedom of speech debate.
It's not exactly like YouTube is being directly broadcast onto tower blocks, or zeppelins, or beamed into our minds. YouTube is also a private place, accessible to the public, by choice and for free. YouTube is a gig for however many people click onto it.I dontd have an issue with comedians at comedy shows (paid.or unpaid) pushing the boundaries, that's real context. Private jokes on YouTube is not.
I don't disagree with the article on the whole except I think it misses the key focus. It isn't about the pug. It isn't about a Nazi salute. It's about a man repeatedly saying "gas the Jews" under the thin pretence that it's a joke. A joke between him and his girlfriend. A private joke that he personally posted onto a public website.
If any and all hate speech can be excused because it was a private joke that was subsequently put on youtube by the perpetrator themselves or because it involved a pug then where do we go from there?
I dontd have an issue with comedians at comedy shows (paid.or unpaid) pushing the boundaries, that's real context. Private jokes on YouTube is not.
And again UK law makes no special protection of the Holocaust
If you can access it without restriction or membership then it's a public place. Fee or no fee.FamineIt's not exactly like YouTube is being directly broadcast onto tower blocks, or zeppelins, or beamed into our minds. YouTube is also a private place, accessible to the public, by choice and for free. YouTube is a gig for however many people click onto it.
.
This video was going to do literally no harm at all...
...Then some people somewhere apparently complained about it to the police.
(he could send her a link to show it to her on just about any internet-capable device)
Now he's famous, she's famous, the dog's famous, the video's famous and any message of incitement or panic the usual suspects think it carries has reached literally the entire planet, magnifying it by at least four orders.
I don't draw any lines, I take each issue in context. His defence is the context that this was a joke and a private one at that. I don't accept that because one it's not private and two placing a pug in a video doesn't make it a joke.If any and all speech that could be considered hate speech is punished to the full extent, where do we go from there? Do you get locked up for using the words "gas the Jews" in the previous post? Do I get locked up for using them in this one?
Clearly there is discrimination used when judging what is legitimate use and what is hate speech. Clearly you draw the line way over to the side of anything that appears to be remotely like hate speech. Personally, I'd lean very much on the side of something having to clearly be intentional hate speech before actually deciding to remove someone's freedom. I would rather a bigot or racist walk free than lock up someone who intended no such thing. Honestly, bigotry and racism are really not that high up the scale of crimes.
So content on YouTube should be judged in the same context as all other communications. Putting it on YouTube doesn't instantly make it comedy material either, you have to prove that if you're going to be that controversial. Just like you would if you repeated other comedy material on a loud speaker in a public place.And I'm afraid Youtube is just as valid a platform these days as a live comedy show or a television program. And posting random videos publically isn't unusual, and it's not unheard of for random stuff to go viral beyond anything that it's creator could have anticipated.
I have a problem with Pug based comedy. That much I will admit.I'd say it's pretty clear you do have an issue with this sort of "comedy", as that's the basis of your entire argument. Or are you saying that if he'd taken the dog up on stage and done an actual performance (which would have then required intentionally presenting his views to far more people) that would somehow be better than posting it on Youtube? If it's criminal, I would have thought that it would be regardless of the medium used to present it.
Nope. It's a publicly accessible place - and that one, unlike free speech, does have basis in law.If you can access it without restriction or membership then it's a public place. Fee or no fee.
What harm, to whom, where and when?And was subsequently upheld in court.
Then it literally has caused harm.
So his conviction is for using YouTube? Hate speech isn't hate speech if it's on WhatsApp? Sounds a bit dim and archaic.Or he could have kept it private on any number of internet apps. Like WhatsApp. Or FB messenger. Or even made the video private...
But he didn't. He personally put it in the public domain.
Not needlessly prosecute people would be a good starting point. The justice system has ended up taking a message it believes is harmful and needs to be suppressed and broadcasting it globally - literally the opposite of suppression.Oh no, the consequences of a transparent and open legal system. What shall we do?
I don't draw any lines, I take each issue in context. His defence is the context that this was a joke and a private one at that. I don't accept that because one it's not private and two placing a pug in a video doesn't make it a joke.
So content on YouTube should be judged in the same context as all other communications. Putting it on YouTube doesn't instantly make it comedy material either, you have to prove that if you're going to be that controversial. Just like you would if you repeated other comedy material on a loud speaker in a public place.
Oh no, the consequences of a transparent and open legal system. What shall we do?
Inserting the word 'accesible' doesn't make a difference.Nope. It's a publicly accessible place - and that one, unlike free speech, does have basis in law.
It's the difference between going into a pub to where a performance is occurring, and street performers.
What harm, to whom, where and when?
So his conviction is for using YouTube? Hate speech isn't hate speech if it's on WhatsApp? Sounds a bit dim and archaic.
What else is a crime in public, but not on WhatsApp?
Not needlessly prosecute people would be a good starting point. The justice system has ended up taking a message it believes is harmful and needs to be suppressed and broadcasting it globally - literally the opposite of suppression.
Criminal Justice Act 1972“Public place” includes any highway and any other premises or place to which at the material time the public have or are permitted to have access, whether on payment or otherwise ”.
Scenario.Something is a joke if someone intended it to be a joke.
The difference is that by using a widely available and affordable encrypted direct messaging system then he could have easily kept it private.As far as a "private" joke, you must be unaware how Youtube works. But let me use an analogy to the real world. If you're in the lunch room telling a couple of your co-workers a joke about fat people in a quiet voice and your tubby colleague happens to walk behind you, does that mean you didn't intend for it to be private? I mean, you had a reasonable expectation that nobody but the people you intended would hear you, but at the same time you didn't go lock the three of you in a soundproof closet. You used a public area and assumed that nobody else would take any interest in your quietly spoken fat joke.
I haven't watched the whole video, but does anyone have a count of how many times he says "gas the Jews"?
The defence that he only made the video to annoy his girlfriend doesn't hold water when he posted it on the internet and on his channel.
How does that differ from making the same statement whilst walking the streets?
Like many YouTubers, he thought he could getaway with something controversial to boost his views because "it's just YouTube innit".
And for international context, there aren't specific laws in the UK relating to anti semitism or holocaust denial, unlike several europEur countries.
He's a far right whacko who's been caught out. Maximum Pepe and all that tripe. Boo hoo.
On the other hand, he's been sent to gaol where some might feel it contravenes freedom of expression.
His Twitter handle is 'CountDankulaTV' and his description is 'professional **** poster'.I think calling him a YouTuber is a bit of a stretch
Scenario.
I verbally abuse you and then hit you across the head with a comedy baseball bat.
But it's just a joke right?
If all parties intended to be involved know it's meant as a joke, yes. In fact they even have a name for such a thing, it's called a roast.
(sorry for the WatchMojo video)
His Twitter handle is 'CountDankulaTV' and his description is 'professional **** poster'.
I'd say that's atleast some intent to be a YouTube 'personality'.
I'm pretty sure posting a video on YouTube, as opposed to WhatsApp, is some intent of getting views.Was it when he posted the video? Sure he's decided to capitalise on all the attention he's getting since posting the video and ironically it's earned him £1,000's which is probably the opposite of what all the offended people wanted, but there is absolutely no evidence that getting lots of views and subscribers was the original intention of the video.
Sorry if I wasn't clear, the comedy baseball bat was made of steel.
You've completely lost the context. Clearly all the parties don't agree that it's not serious in this case.And again if all parties directly involved know it's not serious, what's the problem? Surely you've been on the giving and receiving ends of 🤬 talk from co-workers or friends?
You've completely lost the context. Clearly all the parties don't agree that it's not serious in this case.
I'm pretty sure posting a video on YouTube, as opposed to WhatsApp, is some intent of getting views.
Actually it does. A public place is legally distinct from a publicly accessible place; the latter is privately owned.Inserting the word 'accesible' doesn't make a difference.
As is this one:So his conviction is for using YouTube? Hate speech isn't hate speech if it's on WhatsApp? Sounds a bit dim and archaic.
What else is a crime in public, but not on WhatsApp?
A conviction is not evidence of harm coming to anyone; other offences that may result in criminal prosecution and conviction (and imprisonment) include anything classed as "intent" (to supply drugs, to commit harm, to commit sexual activity with a minor), known as inchoate offences, or assisting someone else who would be convicted of any offence either before or after (or in preparation of) an offence or an inchoate offence.What harm, to whom, where and when?
You're repeatedly losing the context here and disappearing down rabbit holes.Why should the only defence of a joke be that it was meant for a specific person?
Ross Brown, defending, said Meechan had only intended the video to be seen by a small group of friends and to annoy his girlfriend.
wikipedia Re: Communications Act GuidelinesThe revisions also clarified that criminal prosecutions were "unlikely":
- when the author of the message had "expressed genuine remorse";
- when "swift and effective action ... to remove the communication" was taken; or
- when messages were not intended for a wide audience.
Actually it does. A public place is legally distinct from a publicly accessible place; the latter is privately owned.
Except in this instance the charge was that he caused harm and that was upheld by evidence in court.A conviction is not evidence of harm coming to anyone; other offences that may result in criminal prosecution and conviction (and imprisonment) include anything classed as "intent" (to supply drugs, to commit harm, to commit sexual activity with a minor), known as inchoate offences, or assisting someone else who would be convicted of any offence either before or after (or in preparation of) an offence or an inchoate offence.
You're repeatedly losing the context here and disappearing down rabbit holes.